IN THE CASE OF:	

		BOARD DATE:	 26 May 2015

		DOCKET NUMBER:  AR20140017599


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The spouse (herein referred to as the applicant) of the deceased former service member (FSM) requests correction to the FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States) to show he received the Purple Heart (PH).

2.  The applicant states, in effect:

* The FSM earned the PH due to injuries he sustained in combat with enemy forces in Republic of Korea (ROK).
* The FSM's service records were involved in a fire that occurred at the St. Paul Department of Veterans Affairs (VA) Regional Office on 5 November 1953, which makes reading the records a bit challenging.  However, copies of the pertinent records which document the FSM having been awarded the PH are included in the application.
* The FSM sustained a shrapnel fragment wound to his left hand and phosphorus burn scars to his face.
* The FSM clearly deserves the recognition due his sustained injuries when he was wounded in action (WIA) by enemy forces while serving in Kumwah, North Korea on 27 October 1952.  

3.  The applicant provides:

* a self-authored letter
* VA rating decision letters
* the FSM's DD Form 214
* partial copies of the FSM's service record
* the FSM's obituary
* marriage certificate
* the FSM's death certificate

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the ABCMR to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The FSM’s military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the FSM’s records were lost or destroyed in that fire.  However, there were sufficient documents for the Board to conduct a fair and impartial review of this case.  

3.  On 13 September 1951, the FSM was inducted into the Army of the United States.  After completing initial training, he was awarded military occupational specialty 1720 (Field Clerk).

4.  On 12 June 1953, the FSM was honorably released from active duty as a sergeant.  He was issued a DD Form 214 showing he was awarded the Korean Service Medal with two bronze service stars, United Nations Service Medal, Overseas Service Bar, and Bronze Star Medal.

5.  Headquarters, 343d General Hospital General Orders Number 47, awarded the FSM the PH for wounds he received in action in North Korea on 
27 October 1952.

6.  His record is void of documentation showing he was the subject of disciplinary action during his active duty service or any record of a disqualification by his chain of command that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (AGCM).  


7.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for the first award only, upon termination of service on or after 
27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  However, unknown ratings are not disqualifying for an award of the AGCM.

8.  Army Regulation 600-8-22 (Military Awards) states the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service must have been performed, in part, while on permanent assignment or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows orders awarded the FSM the PH for wounds he incurred in combat on 27 October 1952 in North Korea.  He is entitled to correction of his DD Form 214 for the period ending 12 June 1953 to show this award.

2.  Although there are no records available to show the FSM received "excellent" conduct and efficiency ratings during his service, he was promoted to sergeant and was honorably released from active duty.  It appears an administrative error occurred resulting in him not being recommended for or awarded the first award of the AGCM.  Therefore, it would be appropriate to correct his DD Form 214 to show he was awarded the AGCM (1st Award) for the period 13 September 1951 to 12 June 1953. 

3.  The available record shows he had 10 months and 20 days of foreign service and he was awarded the Korean Service Medal with two bronze service stars.  It is reasonable to presume he completed a sufficient period of service in Korea which would make him eligible for the ROKWSM.  Therefore, he is entitled to correction of his DD Form 214 to show the ROKWSM.  

BOARD VOTE:

___x____  ____x___  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  Awarding the FSM the AGCM (1st Award) for the period of 
13 September 1951 to 12 June 1953. 

   b.  Adding to his DD Form 214 the: 

* PH
* AGCM
* ROKWSM



      ___________x____________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20120019420



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ABCMR Record of Proceedings (cont)                                         AR20140017599



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